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SMART v. SUNSHINE POTATO FLAKES, L.L.C.

No. 01-3132.

307 F.3d 684 (2002)

John SMART; Sota Foods, Inc., d/b/a King of Potatoes; John Smart & Associates, Inc., Plaintiffs-Appellants, v. SUNSHINE POTATO FLAKES, L.L.C., Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: October 7, 2002.

Attorney(s) appearing for the Case

William E. McKechnie, argued, Grand Forks, ND, for appellant.

Larry J. Richards, argued, Grand Forks, ND, for appellant.

Before WOLLMAN, RICHARD S. ARNOLD, and LOKEN, Circuit Judges.

LOKEN, Circuit Judge.

John Smart and two companies he controls (collectively, "Smart") filed this diversity action in the District of North Dakota against Sunshine Potato Flakes, L.L.C. ("Sunshine"). The district court granted Sunshine's motion to compel arbitration and stayed the action. We dismissed Smart's appeal of this interlocutory order for lack of jurisdiction, as required by Section 16(b) of the Federal Arbitration Act, 9 U.S.C. § 16(b). Smart v....

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